Can the owner of the property be sued? Are there compensations awaiting the plaintiff?
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When a pedestrian accident is serious or fatal - what you should know and doWhen someone is hurt or killed in a pedestrian crash with a car, the experience is traumatic and overwhelming. In the awful hours and days after a collision, every ounce of energy is put towards helping the injured person get the medical help they need. When someone dies in a crash, family members are forced to deal with grief, anger, and loss as they struggle to move forward with life.
After someone is injured or killed in a pedestrian crash, action needs to be taken to ensure that the victim’s rights and options are safeguarded. While a lawsuit might be the furthest thing from your mind, it is often the best way to help a pedestrian crash victim.
Fault in pedestrian accidentsThere are a number of common causes of pedestrian collisions with vehicles. Some accidents are the fault of the driver, some the pedestrian, and some involve shared fault. When a pedestrian is injured due to the fault of someone else, there is help available to begin the process of healing.
Common causes of pedestrian accidents include:
- vehicles running red lights and speeding;
- drivers under the influence of alcohol or drugs;
- drivers failing to yield to pedestrians in crosswalks;
- pedestrians failing to use marked crosswalks;
- pedestrians ignoring crossing signals at intersections;
- pedestrians walking at night in dark clothing.
What types of damages do injured pedestrians face?
After a serious pedestrian collision, an injured person incurs damages including the cost of current and future medical expenses, lost work and wages, pain and suffering, and loss of enjoyment of life. Families of people killed in pedestrian collisions also incur similar damages.
What should you do now?
If you or a family member has been hurt or killed in a pedestrian accident caused by a negligent driver, you will need legal help to make sure your rights are upheld and get reimbursed for your damages. An experienced personal injury attorney will help by assessing your claim and working with an insurance company to get a financial settlement that will ensure your financial recovery. You can leave the legal worries in the hands of the professionals and focus your energy on getting your life back. Most lawyers offer a free initial consultation and charge no fees up front, so there is no cost to learn more about your rights and options.
Texas government has written itself special rules to reduce liability in such cases. You could make the argument this reduces the burden on taxpayers.
In light of the data discussed in one of our recent blog posts, which revealed that around half of the world’s annual 70,000 car accident and pedestrian fatalities happen in the US, it’s important to strategize your own safety.
People age 65 and older account for nearly 20% of all pedestrian fatalities. Learn how to stay safe as a senior pedestrian in a society of constantly distracted drivers.
So, the first question that comes to mind is, “Why does this happen?” Because when you understand the why, then you can work on what to do about it.
Avoid becoming the victim of a negligent motorist. Learn how car accidents involving pedestrians happen so you can prevent injuries to you and your family.
The mediation was hard fought but ultimately resulted in a settlement that we were exceedingly pleased with. A $250,000 recovery on less than $25,000 in medical bills is quite an accomplishment.
Most of those accidents occurred during the hours before and after school, and peaked in September, perhaps as everyone gets used to the idea of sharing the roads again.
We presented a very strong case to the mediator and negotiated a fantastic settlement after many hours of discussions. I was especially pleased with the amount of the settlement given the client’s fairly low recoverable medical bills.
Using a cell phone and trying to do another cognitive and manual task results in inattention blindness. So it follows that using a cellphone while walking changes the way we walk for the worse, a British study recently found.
The landowner had a duty under well-established Texas law to warn him of the dangerous condition or to make safe the condition since it posed an unreasonable risk which the landowner knew of or should have discovered upon a reasonable inspection of the premises.
So if you’re a business, when you clean floors, make sure you put up appropriate warning signage. Fill in those potholes and cracks. Look for and repair/improve anything that could be labeled a dangerous condition.
How long do you have to take action on that if you want to file an injury claim? It depends on where you fell.
To win a claim or case like this, you will need to demonstrate the store knew about the dangerous condition (actual knowledge) or that they should have known about the dangerous condition (constructive knowledge).
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